BigBrian

Hey, I have just got back from a recent visit to the states to where I asked my US girlfriend to marry me and she accepted.
I have been looking over this form and the internet trying to get my head around the whole K1 fiancée visa.

Here what we have got so far.

My fiancée has to complete the I-129F form, fee - $340
A copy of my fiancée's birth certificate
A statement from us both stating that we intend to marry within 90 days.
We both have to complete a G325-A form each
Provide proof that we have met (pictures, ticket stubs)
Get 2 passport photos of us done each. (2" x 2")


We have only just started looking and already it feels like a daunting process. I have been looking at the income guidelines for the sponsor and the 125% Poverty Guidelines, Do they look at just her for the household or do they count it as 2? We have no kids, it would just be us. She made 17,190 last year and I noticed the 125% mark was $18,388. Is this a big problem? If so what are ways about it?

Thanks for your time.
- Brian

Noorah101

Congratulations on your engagement, and welcome to BE!

You will want to research the 2 different forms for the affidavit of support for the K-1 visa and subsequent AOS (adjustment of status).

For the K-1, you'll either need an I-134 from your fiancee, an I-134 from some other person in the USA who can sponsor, or if you have enough savings of your own you might be able to "self-sponsor". What you need to research is how to prove you will not become a public charge in the USA.

For the AOS, your wife will need to complete an I-864 affidavit of support. If she doesn't meet the income requirements at that time, she can use a joint sponsor. The I-864 instructions detail how to do this.

Go to www.uscis.gov, Forms, and find the I-134 and I-864. Read the form and the instructions for both. You have lots of time to let this all sink in, so don't feel overwhelmed. Take your time, read carefully, and come back here with any questions.

You mentioned her income from last year, but what will actually count is her *current* income, expressed on an annual basis.

Rene

BigBrian

Thank you for your reply, I will look up the forms you mentioned and read them carefully.

Noorah101

Great! Come on back here if you have any questions.

Rene

Chrissie85

Congrats on the engagement and Noorah has given the best advice!!! (she always does!!)

I remember how daunting it all looks, but honestly its no where near as hard as it all looks, its just time consuming!!! You will get through it all and before you know it you will be over here and a married man!!!

BigBrian

I have read and wiki guide and downloaded the forms you have suggested.

My fiancée does not meet the 125%.

Her aunt said she would sponsor me. Would we have to get her to complete the I-134 form for the k1 visa?

For the AOS I-864 form, would it be my fiancée and joint sponsor (her aunt) who complete this form?

Her aunt lives in a different state, Would this cause problems?

Thanks
- Brian

Noorah101

Yes. She will also need to provide at least her most recent tax return, proof of current income, and proof of her US citizenship.

They would each complete their own I-864 plus the backup documentation listed above. her aunt will need to meet the level of income required for her own household size plus the immigrant.

No, no problem there.

Rene

BigBrian

Thank you for your reply. Her aunt made just over 30k last year. They have a family of 3, With me that would be 4 which is above the 125%.

So as it stands my fiancée can send the I-129F now?

The I-134 & I-864 are for when the I-129F is approved?

I know some of these sound like simply questions, But I don't want to make any mistakes.

Thanks
-Brian

Noorah101

If, by the time the I-864 is due, she is still earning $30,000 a year, then yes, it's enough. It doesn't matter what she earned last year. What matters is her current income (at the time you have your K-1 interview, and at the time you have your AOS interview).

If you guys have met in person at least once in the past 2 years, and she has all the forms and required backup documents ready, then yes, she can file the I-129F package now.

You will need to show the I-134 at your K-1 visa interview. You will need to include the I-864s when you file AOS in the USA.

Rene

BigBrian

Yes the money is a guaranteed income for this year.


I just got back on the 7th of June, So hard letting go

A copy of my fiancée's birth certificate
A statement from us both stating that we intend to marry within 90 days.
We have both completed a G325-A form each
We have pictures together and with family and ticket stubs
All we need is the 2 passport photos of me
We have the fee
Anything else required?


Ah so when it’s interview time I need the I-134 from her aunt, Tax return, Proof of income and proof of US citizenship.

Once I’m there we file the AOP (I-864 each from my fiancée and her aunt)

Thank you for your reply's, Making things a lot easier to understand.

meauxna

Brian, there are several articles on the K-1 in our wiki; you should review them before you file.
http://britishexpats.com/wiki/Category:USA_Immigration_